Forms of Discrimination : National Origin

Federal laws prohibit discrimination based on a person's national origin, race, color, religion, disability, sex, and familial status. Laws prohibiting national origin discrimination make it illegal to discriminate because of a person's birthplace, ancestry, culture or language. This means people cannot be denied equal opportunity because they or their family are from another country, because they have a name or accent associated with a national origin group, because they participate in certain customs associated with a national origin group, or because they are married to or associate with people of a certain national origin.

The Department of Justice's Civil Rights Division is concerned that national origin discrimination may go unreported in the United States because victims of discrimination do not know their legal rights, or may be afraid to complain to the government. To address this problem, the Civil Rights Division has established a National Origin Working Group to help citizens and immigrants better understand and exercise their legal rights. If you think you, or someone you know, has been discriminated against because of national origin and want to learn more about exercising your legal rights, you should read this brochure.

What Is National Origin Discrimination?

An employer discriminates on the basis of national origin when it makes any employment decisions based on a person's ancestry, birthplace, or culture, or on linguistic characteristics or surnames associated with a particular national origin group. For example, an employer who refuses to interview people with Hispanic- sounding surnames on their applications or resumes discriminates, as does an employer who won't allow anyone with an accent to work with the public.

English-Only Rules Are Sometimes Allowed

A private employer may be able to prohibit on-duty employees from speaking any language other than English if it can show that the rule is necessary to the business. If the employer imposes an English-only rule, the employer must tell employees when they have to speak English (for example, whenever customers are present) and the consequences of breaking the rule. And if an English- only rule is challenged, courts will look closely at its scope: If an employer forbids workers from ever speaking another language, even during breaks or when a customer who speaks that language is present, the rule is probably too extensive.

Here are some examples of potentially unlawful national origin discrimination:

Affiliation

Harassing or otherwise discriminating because an individual is affiliated with a particular religious or ethnic group. For example, you are harassed because you are Arab or practice Islam, or are paid less than other workers because you are Mexican.

Physical or cultural traits and clothing

Harassing or otherwise discriminating because of physical, cultural, or linguistic characteristics, such as accent or dress associated with a particular religion, ethnicity, or country of origin. For example, you are harassed by coworkers for wearing a hijab (a body covering and/or head- scarf worn by some Muslims), not hired because you have a dark complexion and an accent believed to be African. Height and weight requirements can also be evidence that an employer discriminates against a specific national origin, if the requirements do not relate to the job.

Perception

Harassing or otherwise discriminating because of the perception or belief that a person is a member of a particular racial, national origin, or religious group, even if the person is not. For example, you're a Chinese woman not hired because the hiring official believed that you were from Vietnam, or you are a Sikh man wearing a turban harassed by a coworker because the harasser thought you were Muslim.

Association Harassing or otherwise discriminating because of an individual's association with a person or organization of a particular religion or ethnicity. For example, you are harassed because your husband is originally from Afghanistan, or you are not promoted because you attend a mosque.